The Lahore High Court has handed down its judgment in Metro Metals Northwest Inc. v Mughal Iron and Steel Limited COS No 42300/2022 to recognise and enforce the ICDR arbitration award issued in the United States of America.
The Court affirmed—consistent with the principle against double exequatur—that the award-creditor is not required to seek confirmation of the foreign award before the courts of the seat of arbitration prior to its enforcement in Pakistan. The Court also held that it cannot review the merits of the dispute and the findings of the arbitral tribunal under Article V(1)(c) of the New York Convention. Lastly, in relation to Article V(1)(b) of the New York Convention, the Court held that the award-debtor failed to demonstrate that it did not receive proper notices of arbitration proceedings. The award-debtor, the Court found, failed to establish the grounds for refusal to recognise and enforce the foreign award in Pakistan.
This Judgment forms a part of the consistent line of cases in Pakistan in relation to recognition and enforcement of foreign awards under the legal framework of the New York Convention.
The Lahore High Court’s Judgment is available here.
Umer Akram Chaudhry, Muhammad Ali Talib, and Muhammad Hammad Amin of RMA & Co., instructed by M. Christie (Chris) Helmer and Edward Decker of Miller Nash LLP, who were the arbitration counsel in the United States, represented the award-creditor, Metro Metals Northwest Inc., before the Lahore High Court.